IIB 

115TH CONGRESS 

2D SESSION H. R. 5698 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2018 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 18, United States Code, to punish criminal 

offenses targeting law enforcement officers, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protect and Serve Act 

3 of 2018’’. 

4 SEC. 2. CRIMES TARGETING LAW ENFORCEMENT OFFI5 CERS. 

6 (a) IN GENERAL.—Chapter 7 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 120. Crimes targeting law enforcement officers 

10 ‘‘(a) IN GENERAL.—Whoever, in any circumstance 

11 described in subsection (b), knowingly assaults a law en12 forcement officer causing serious bodily injury, or at13 tempts to do so— 

14 ‘‘(1) shall be imprisoned not more than 10 

15 years, fined in accordance with this title, or both; 

16 and 

17 ‘‘(2) shall be imprisoned for any term of years 

18 or for life, fined in accordance with this title, or 

19 both, if— 

20 ‘‘(A) death results from the offense; or 

21 ‘‘(B) the offense includes kidnapping or an 

22 attempt to kidnap, or an attempt to kill. 

23 ‘‘(b) CIRCUMSTANCES DESCRIBED.—For purposes of 

24 subsection (a), the circumstances described in this sub25 paragraph are that— 


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1 ‘‘(1) the conduct described in subsection (a) oc2 curs during the course of, or as the result of, the 

3 travel of the defendant or the victim— 

4 ‘‘(A) across a State line or national border; 

5 or 

6 ‘‘(B) using a channel, facility, or instru7 mentality of interstate or foreign commerce; 

8 ‘‘(2) the defendant uses a channel, facility, or 

9 instrumentality of interstate or foreign commerce in 

10 connection with the conduct described in subsection 

11 (a); 

12 ‘‘(3) in connection with the conduct described in 

13 subsection (a), the defendant employs a firearm, 

14 dangerous weapon, explosive or incendiary device, or 

15 other weapon that has traveled in interstate or for16 eign commerce; 

17 ‘‘(4) the conduct described in subsection (a)— 

18 ‘‘(A) interferes with commercial or other 

19 economic activity in which the victim is engaged 

20 at the time of the conduct; or 

21 ‘‘(B) otherwise affects interstate or foreign 

22 commerce; or 

23 ‘‘(5) the victim is a Federal law enforcement of24 ficer. 

25 ‘‘(c) CERTIFICATION REQUIREMENT.— 


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1 ‘‘(1) IN GENERAL.—No prosecution of any of2 fense described in this section may be undertaken by 

3 the United States, except under the certification in 

4 writing of the Attorney General, or a designee, 

5 that— 

6 ‘‘(A) the State does not have jurisdiction; 

7 ‘‘(B) the State has requested that the Fed8 eral Government assume jurisdiction; 

9 ‘‘(C) the verdict or sentence obtained pur10 suant to State charges left demonstratively 

11 unvindicated the Federal interest in protecting 

12 the public safety; or 

13 ‘‘(D) a prosecution by the United States is 

14 in the public interest and necessary to secure 

15 substantial justice. 

16 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

17 this subsection shall be construed to limit the au18 thority of Federal officers, or a Federal grand jury, 

19 to investigate possible violations of this section. 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) LAW ENFORCEMENT OFFICER.—The term 

22 ‘law enforcement officer’ means an employee of a 

23 governmental or public agency who is authorized by 

24 law— 


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1 ‘‘(A) to engage in or supervise the preven2 tion, detection, or the investigation of any 

3 criminal violation of law; or 

4 ‘‘(B) to engage in or supervise the deten5 tion or the incarceration of any person for any 

6 criminal violation of law. 

7 ‘‘(2) STATE.—The term ‘State’ means a State 

8 of the United States, the District of Columbia, or 

9 any commonwealth, territory, or possession of the 

10 United States.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item: 

‘‘120. Crimes targeting law enforcement officers.’’. 

Passed the House of Representatives May 16, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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